jeffrey, i painted the picture of romney being elected. one of the justices having to leave the court for whatever reason, what the confirmation fight would look like. >> why that matters so much is basically a generation, the supreme court was dominated by moderate republicans. moderate republicans have disappeared from the supreme court like they have from the congress. the last three justices to leave, o'connor, suitor, stevens, all moderate republicans, they are gone. they have either gone to the democrat, suitor and stevens gave their seats to obama. the republicans who have been appoi appointed, john roberts reflect the modern republican party. mitt romney, to be sure, would nominate someone like cavanagh, a young judge on the d.c. circuit. very conservative. not moderate republicans. that's why one seat would make such a difference. >> and those two have very clear records as did john roberts and sam aledo. we knew exactly who they were and what they would do. the senate wasn't ready to really look at that record and make an issue.